On Perfecting Procedure For Limitation Of Liability For Maritime Claims Of China

Limitation of liability for maritime claims is an antiquated and unique legal system in maritime law, which is essential to protect and promote the stable development of shipping industry. This paper introduces the general aspects of limitation of liability and analyzes the current legal provisions regarding limitation liability in China and then points out the problems in judicial practice resulted from the conflicts between the substantive law and the procedure law as well as the defects of the procedure law itself. Then the paper elaborates on the purpose and legal effect of limitation of liability in accordance with relevant international conventions and then discusses on the roots of the problems mentioned above, and therefore on the grounds of analysis and reference of the corresponding legal provisions of other countries and districts, the paper puts forward certain suggestions on perfecting the procedure for limitation of liability for maritime claims of China.